Supreme Court Justice Ruth Bader Ginsburg’s advice to Egypt on drafting a constitution is still raising eyebrows almost a week later. Ginsburg suggested using South Africa’s constitution as a model rather than ours. “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012,” Ginsburg said.
This shouldn’t be surprising. On the Supreme Court, Ginsburg is drafting a new constitution in 2012 and every day. There’s little indication she has ever looked to the U.S. Constitution while doing so.